Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

MOHD REDHA TALIB v. PADIBERAS NASIONAL BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA DATO’ MOHD NURDIN
AWARD NO. 1002 OF 2017 [CASE NO: 12(14)/4-307/14]
17 JULY 2017


JUSTEEN CLEMENTS v. MATRIX GLOBAL SCHOOLS (MATRIX GLOBAL EDUCATION SDN BHD)
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1024 OF 2017 [CASE NO: 19/4-1622/16]
24 JULY 2017

Read More

Article Highlight

IS YOUR NOTICE OF TERMINATION EFFECTIVE?
AUSTRALIA
Employment
Notice of dismissal must specify date when employment will end
An employee has been allowed to proceed with their unfair dismissal claim because an employer did not specify their end date in the letter of termination. In the recent case of Metropolitan Fire and Emergency Services Board v Garth Duggan [2017] FWCFB 4878 (Metropolitan Fire) the Full Bench of the Fair Work Commission (Commission) found that notice of dismissal must specify the date when the employment will end, or at least provide an 'ascertainable date' in order to comply with the Fair Work Act 2009.

Read More

RESTRAINTS OF TRADE AND REPUDIATION: WHY EMPLOYERS NEED TO BE CAREFUL WHEN DIRECTING DEPARTING EMPLOYEES TO GO ON GARDENING LEAVE
AUSTRALIA
Employment

Court can find implied right to direct employee to go on gardening leave
Restraints of trade: When will directions by employers to departing employees constitute repudiation? A recent NSW Supreme Court decision has upheld the validity of an employer’s direction to place a departing employee on gardening leave as well as enforcing a six month post-employment non-compete restraints of trade. The judgment confirms that if an employer is careful not to repudiate the employment agreement, it can direct a senior employee to go on gardening leave and return company property at the time of the direction.

Read More

Global Media Reports

MALAYSIA

Time to call construction industry to account
Free Malaysia Today | 23-Oct-2017
By Migrant Workers Right to Redress Coalition The hillside collapse which has claimed the lives of one Malaysian, possibly eleven migrant workers a...

Despite ‘election budget’ Putrajaya still needs to tackle long-term problems
The Malaysian Insight | 20-Oct-2017
SITI Nursyazalina Zailani is the face of a deep, long-standing problem of the economy that threatens Malaysia’s aim of becoming a sustainable high-inc...

ASEAN

PM’s son meets with workers in Thailand
The Phnom Penh Post | 23-Oct-2017
The premier’s eldest son, Hun Manet, met with migrant workers in Thailand on Friday, a day after a group of them demonstrated to complain of a cumbers...

CNBC Transcript: Lee Hsien Loong, Prime Minister of Singapore
AsiaOne | 20-Oct-2017
ollowing is the transcript of CNBC's interview with Prime Minister of Singapore, Lee Hsien Loong. The full interview will be broadcast on CNBC Convers...

WORLD

As police arrest hundreds in Oman, labour law violations set for 2017 drop
Times of Oman | 23-Oct-2017
Muscat: Labour law violations in Oman are on course to drastically fall this year in the wake of a series of raids and strong enforcement by Royal Oma...

Employment-law impact of California’s new nonbinary gender unclear
North Bay Business Journal | 20-Oct-2017
On Oct. 15, a day after Gov. Jerry Brown visited Santa Rosa to tour fire-ravaged neighborhoods, he signed a law that creates a new nonbinary gender id...

See all previous Global Media Reports

New! LLB Bulletin #10/2017